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Fair price drug store to pay up Rs 80,000

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Express News Service

Posted: Sep 10, 2010 at 0434 hrs IST

Mohali The Jan Aushadhi Store at the Civil Hospital in Phase VI here was fined Rs 80,000 for selling wrong medicines to a young woman, which caused termination of her pregnancy.

Admitting a complaint filed by one Meenakshi of Phase 3B2 here, the District Consumer Disputes Redressal Forum has directed the store to pay her a lump sum compensation of Rs 75,000 for being responsible for termination of her pregnancy by selling wrong medicine and for the resultant harassment caused to her.

Besides, the store was also asked to pay to the complainant Rs 5,000 towards litigation cost.

The full bench of the forum headed by president B S Mehandiratta and comprising members Dr S S Dhaliwal and H K Ghuman ordered that if the compensation and litigation cost was not paid within one month from the date of receipt of order, the store owner should be liable to pay interest on the awarded amount at the rate of nine per cent per annum from the date of institution of complaint, June 1, 2010, till the date of actual payment.

In her complaint, Meenakshi submitted that she had gone to the Civil Hospital in Mohali on December 19, 2009, for routine check-up for determination of pregnancy. She was advised urine test and was also prescribed some medicines. After pregnancy was confirmed, she again visited the hospital on December 31 and after her examination, the gynaecologist prescribed her three medicines — Folic Acid, Restacid and Corgest 200 mg. To purchase these, she went to the Jan Aushadi Store in the hospital complex.

She alleged that the salesman at the store gave her the medicines but refused to issue a bill on the pretext that the person authorised to sign the bill was not around at that time.

“I took the medicines, but shortly after, I suffered bleeding, following which I contacted a nearby doctor and got an ultrasonography done. The report revealed that my pregnancy had been terminated,” Meenakshi said.

She further said that when she again approached the hospital gynaecologist, she checked the medicines purchased from the store and told her that she had been sold the wrong medicines. “Instead of Corgest 200 mg, I was given Cytolog tablet, which the doctor said caused bleeding and led to the termination of my 54-day pregnancy,” Meenakshi said.

Alleging deficiency in service, she had sought compensation of Rs 2.65 lakh for negligence, harassment, mental tension, agony, loss of her unborn child and litigation expenses.

In his written statement, the store owner denied that Meenakshi ever visited his store or purchased the medicine in question from him.

Terming the allegations false, he submitted that even in the inquiry conducted by the Health department on Meenakshi’s complaint, no proof of sale of alleged medicine was found. Denying any deficiency in service, he said he had deposited under protest Rs 10,000 penalty imposed on him by the Health department.

After Amristar, Mohali was the second city in Punjab to open the store through an NGO, in February 2009.

Inaugurated by the then Union minister Ram Bilas Paswan, this government-assisted round-the-clock retail store sells unbranded generic medicines as part of the Centre’s multi-stakeholder strategy to give affordable medicines to the people. Punjab was the only state to open Jan Aushadi Stores at each district headquarter.

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